There are four perspectives on the “knowledge of illegality”, but the four perspectives are actually the same thing. They are requested to need understanding of the social harm with consituting a deliberate crime. So “knowledge of illegality” as a element to constitute a crime could not exist. It should therefore be re-positioned “knowledge of illegality” position and role in China’s criminal law. “Knowledge of illegality” refers only to “criminal knowledge of illegality”. The lack of “knowledge of illegalit” is no longer as a circumstance determining a crime, but as a circumstance with sentencing mitigation or mitigating in the executive crime.